Question about Status/IEC expiry (Inland common law)

[sricho93]

Hello all. I am an Australian living in Toronto on a IEC working holiday visa with my common law partner (3 years together, 16 months common law). My IEC work permit expires on the 21st of August, and I'd like to know the best way to maintain legal status as a visitor.

My partner is sponsoring me for PR (inland) and we are also including an application for an OWP. We previously submitted the application on June 4th but had it sent back due to a lack of information on my partners tax forms. We are now waiting for her tax agent to file her taxes and get us a CRA notice of assessment so we can show her total income for the 2016 financial year.

We should be able to resend the application by the 9th of August. If we manage this, I was wondering if I would benefit from implied status as a visitor by the time my IEC permit expires on the 21st. I am under the impression that the OWP I am applying for will provide status as a visitor.

If not, do I have to flagpole at the border? Or fill out an application to extend my stay as a visitor? I am visa exempt, but I am pretty sure I still need a way to switch to visitor status to satisfy their desire that I am no longer working after the 21st.

Hope to here back from some of you lovely informative people!

 

[sylvain1]

Hello all. I am an Australian living in Toronto on a IEC working holiday visa with my common law partner (3 years together, 16 months common law). My IEC work permit expires on the 21st of August, and I'd like to know the best way to maintain legal status as a visitor.

My partner is sponsoring me for PR (inland) and we are also including an application for an OWP. We previously submitted the application on June 4th but had it sent back due to a lack of information on my partners tax forms. We are now waiting for her tax agent to file her taxes and get us a CRA notice of assessment so we can show her total income for the 2016 financial year.

We should be able to resend the application by the 9th of August. If we manage this, I was wondering if I would benefit from implied status as a visitor by the time my IEC permit expires on the 21st. I am under the impression that the OWP I am applying for will provide status as a visitor.

If not, do I have to flagpole at the border? Or fill out an application to extend my stay as a visitor? I am visa exempt, but I am pretty sure I still need a way to switch to visitor status to satisfy their desire that I am no longer working after the 21st.

Hope to here back from some of you lovely informative people!

If you apply for the common law sponsorship along your OWP before your IEC expires, you will be fine. Applying for the OWP is what will extend your visitor status until CIC makes a decision on your OWP.

If you see that you cannot reapply before your IEC expires, apply to extend your stay as a visitor. You can even explain that you filled a common law sponsorship application and it was returned; you are doing the paperwork to resubmit as soon as possible.

 

[CanadaFuture93]

If you apply for the common law sponsorship along your OWP before your IEC expires, you will be fine. Applying for the OWP is what will extend your visitor status until CIC makes a decision on your OWP.

If you see that you cannot reapply before your IEC expires, apply to extend your stay as a visitor. You can even explain that you filled a common law sponsorship application and it was returned; you are doing the paperwork to resubmit as soon as possible.

Hi Sylvain

I need help please I'm desperate.. I posted on the 2017 thread inland sponsorship before not sure if you remember (so many people are messaging)

My question is :

My IEC work-holliday visa expires tomorrow.
I applied for sponsorship inland in Sept 2017 and am now waiting for landing interview.
I applied for OWP in June 2018..
I called IRCC 2 times and they told me 2 times that I can still work even after expiery of my IEC.. they then sent me an email with that says :


Statut implicite - EIC

Si vous êtes un participant au titre du programme Expérience internationale Canada (EIC) et que vous présentez une demande pour :

- Un autre permis de travail (PT) au titre de l’une des catégories EIC admissibles, vous ne pouvez pas continuer à travailler après la date d’expiration de votre PT et ce, jusqu’à l’obtention du nouveau permis,

*si vous voulez rester au Canada pendant le traitement de votre demande de PT au titre d’EIC, vous devez présenter une demande pour prolonger votre séjour en tant que visiteur ou étudiant au plus tard à la date d’expiration de votre PT actuel,

- Un autre type de PT au plus tard à la date d’expiration de votre PT au titre d’EIC et qu’il expire avant qu’une décision soit prise, vous pouvez continuer à travailler selon les mêmes conditions que celles de votre permis actuel, tant et aussi longtemps que vous demeurez au Canada.


Is this true then ? I want to believe them especially because 2 of them told me that but so many people made em have doubts...

Thanks for your help

 

[sylvain1]

Hi Sylvain

I need help please I'm desperate.. I posted on the 2017 thread inland sponsorship before not sure if you remember (so many people are messaging)

My question is :

My IEC work-holliday visa expires tomorrow.
I applied for sponsorship inland in Sept 2017 and am now waiting for landing interview.
I applied for OWP in June 2018..
I called IRCC 2 times and they told me 2 times that I can still work even after expiery of my IEC.. they then sent me an email with that says :


Statut implicite - EIC

Si vous êtes un participant au titre du programme Expérience internationale Canada (EIC) et que vous présentez une demande pour :

- Un autre permis de travail (PT) au titre de l’une des catégories EIC admissibles, vous ne pouvez pas continuer à travailler après la date d’expiration de votre PT et ce, jusqu’à l’obtention du nouveau permis,

*si vous voulez rester au Canada pendant le traitement de votre demande de PT au titre d’EIC, vous devez présenter une demande pour prolonger votre séjour en tant que visiteur ou étudiant au plus tard à la date d’expiration de votre PT actuel,

- Un autre type de PT au plus tard à la date d’expiration de votre PT au titre d’EIC et qu’il expire avant qu’une décision soit prise, vous pouvez continuer à travailler selon les mêmes conditions que celles de votre permis actuel, tant et aussi longtemps que vous demeurez au Canada.


Is this true then ? I want to believe them especially because 2 of them told me that but so many people made em have doubts...

Thanks for your help

That part is what applies to you. My understanding is that it says you do have implied status and can continue to work.

There was always some confusion regarding the implied status for eic work permit on this forum. But if IRCC sent you that, my understanding is that you do have implied status as a worker.

If I remember well, you had DM on both sides around August 20 and you will land in Montreal, am I right? If so you should get the landing letter very soon and with the pilot program in place in Montreal, you can land whenever you want once you get the letter (no specific appointment).

 

[CanadaFuture93]

That part is what applies to you. My understanding is that it says you do have implied status and can continue to work.

There was always some confusion regarding the implied status for eic work permit on this forum. But if IRCC sent you that, my understanding is that you do have implied status as a worker.

If I remember well, you had DM on both sides around August 20 and you will land in Montreal, am I right? If so you should get the landing letter very soon and with the pilot program in place in Montreal, you can land whenever you want once you get the letter (no specific appointment).

I know right so confusing ! I probably called them 3 times just today to make sure because everyone one Facebook was fighting with me saying I can't continue to work with IEC. But I was like.. they ALL told me that at IRCC, like 3 different agents so it must be right.
I am just confused about my sin number expiring tomorrow with my IEC visa and service canada won't extend my sin number without a new work visa... I just don't want to work illegaly and be kicked out lol but I guess I have this email as a proof I suppose.

You have a pretty good memory, I do have DM on both sides, since about August 1st. And I think my landing appointment will be either Edmonton or Saskatoon but still waiting for that. They said my application was still in Mississauga.

 

[sylvain1]

I know right so confusing ! I probably called them 3 times just today to make sure because everyone one Facebook was fighting with me saying I can't continue to work with IEC. But I was like.. they ALL told me that at IRCC, like 3 different agents so it must be right.
I am just confused about my sin number expiring tomorrow with my IEC visa and service canada won't extend my sin number without a new work visa... I just don't want to work illegaly and be kicked out lol but I guess I have this email as a proof I suppose.

You have a pretty good memory, I do have DM on both sides, since about August 1st. And I think my landing appointment will be either Edmonton or Saskatoon but still waiting for that. They said my application was still in Mississauga.

The landing will be in the province you reside for sure, so Edmonton if you reside in Alberta or Saskatoon if you reside in Saskatchewan.

Honestly, the wording that was on CIC website before did suggest that you would not get implied status, and I remember on this forum several people arguing about that. But if that citation comes from CIC
"Statut implicite - EIC
Si vous êtes un participant au titre du programme Expérience internationale Canada (EIC) et que vous présentez une demande pour :
- Un autre type de PT au plus tard à la date d’expiration de votre PT au titre d’EIC et qu’il expire avant qu’une décision soit prise, vous pouvez continuer à travailler selon les mêmes conditions que celles de votre permis actuel, tant et aussi longtemps que vous demeurez au Canada."
If this is from CIC, it clearly says you have implied status and are allowed to continue working, therefore I would not be stressed by continuing to work. Even if your SIN expired, you can continue to work without the renewed SIN. If you would get the new OWP soon, you could extend your SIN (the number would be the same, but the expiration would correspond to the expiration of your OWP). But you will obviously land soon, so hopefully for you the OWP will not be processed and you will get refund for the OWP.

It's strange that your application is still in Mississauga if you have DM on both sides. It should be transferred to your local office very soon after getting DM on the PA side. However some offices take up to 6 weeks to schedule an appointment, so I would wait until next week, but if you still don't have news, I would start to contact the MP.

 

[CanadaFuture93]

Haha I live in lloydminster, "the border city" so I live on the saskatchewan side and work on the Alberta side lol so I suppose I will be saskatoon.

This message comes from the agent with who I talked this morning I the call center this is the email sender : citoyennete_et_immigration_canada@cic.gc.ca

I don't know why they didn't send it yet. One day someone from the call center said basically my application is approved but I have to wait until landing aopoappoint and sometimes they wait until the end of the 12months to transfer it..

Oh well. Thank you so much for you response I feel SO MUCH reassured ! You're awesome

 

[CanadaFuture93]

The landing will be in the province you reside for sure, so Edmonton if you reside in Alberta or Saskatoon if you reside in Saskatchewan.

Honestly, the wording that was on CIC website before did suggest that you would not get implied status, and I remember on this forum several people arguing about that. But if that citation comes from CIC
"Statut implicite - EIC
Si vous êtes un participant au titre du programme Expérience internationale Canada (EIC) et que vous présentez une demande pour :
- Un autre type de PT au plus tard à la date d’expiration de votre PT au titre d’EIC et qu’il expire avant qu’une décision soit prise, vous pouvez continuer à travailler selon les mêmes conditions que celles de votre permis actuel, tant et aussi longtemps que vous demeurez au Canada."
If this is from CIC, it clearly says you have implied status and are allowed to continue working, therefore I would not be stressed by continuing to work. Even if your SIN expired, you can continue to work without the renewed SIN. If you would get the new OWP soon, you could extend your SIN (the number would be the same, but the expiration would correspond to the expiration of your OWP). But you will obviously land soon, so hopefully for you the OWP will not be processed and you will get refund for the OWP.

It's strange that your application is still in Mississauga if you have DM on both sides. It should be transferred to your local office very soon after getting DM on the PA side. However some offices take up to 6 weeks to schedule an appointment, so I would wait until next week, but if you still don't have news, I would start to contact the MP.

I'm sorry to bug you again, what also makes me stress is, they sent me that email saying I can work and 3 agents said I can.
But that person on Facebook who was fighting with me about it sent me a screenshot

and it makes me totally stress I really don't want to be in trouble with the government, lose my application or be kicked out of Canada or something (in case the image didn't upload the screenshot is here : https://ibb.co/hsDq4e )

 

[sylvain1]

I'm sorry to bug you again, what also makes me stress is, they sent me that email saying I can work and 3 agents said I can.
But that person on Facebook who was fighting with me about it sent me a screenshot

and it makes me totally stress I really don't want to be in trouble with the government, lose my application or be kicked out of Canada or something (in case the image didn't upload the screenshot is here : https://ibb.co/hsDq4e )

this is being discussed here: https://moving2canada.com/iec-implied-status/

But this is not an official source (and I am not either!). What you got in French from CIC is, to me at least, very official. I will try finding the answer later tonight. I don't have time right now.

 

[EJH]

I'm sorry to bug you again, what also makes me stress is, they sent me that email saying I can work and 3 agents said I can.
But that person on Facebook who was fighting with me about it sent me a screenshot

and it makes me totally stress I really don't want to be in trouble with the government, lose my application or be kicked out of Canada or something (in case the image didn't upload the screenshot is here : https://ibb.co/hsDq4e )

IEC OWP doesn't benefit from implied status with the spousal OWP. This is fact. I was having a similar issue, and after high level government advice, as well as corporate immigration lawyer discussion, was advised I could not work once the expiry date of my IEC OWP. I was working for a multinational corporation at the time, and had to leave. They had contact with the Minister for Immigration's office directly, and were told it was so.

 

[CanadaFuture93]

this is being discussed here: https://moving2canada.com/iec-implied-status/

But this is not an official source (and I am not either!). What you got in French from CIC is, to me at least, very official. I will try finding the answer later tonight. I don't have time right now.

Thank you so much for your help. I just wanted to know what you thought about it.
Don't bother looking for informations for me (unless you're also doing it for you or someone else) I just stop by my job and we called the regional manager and he said he wouldn't let me work without an updated sin number.
So I'm just on implied status until I finally get my landing appointment or my new owp.

Thanks so much for your help everyone

 

[CanadaFuture93]

IEC OWP doesn't benefit from implied status with the spousal OWP. This is fact. I was having a similar issue, and after high level government advice, as well as corporate immigration lawyer discussion, was advised I could not work once the expiry date of my IEC OWP. I was working for a multinational corporation at the time, and had to leave. They had contact with the Minister for Immigration's office directly, and were told it was so.

Thank you for your answer.
Like I just said on the other post, that won't be an issue anymore as the regional manager of the company I was working for just said that he wouldn't let me work without an updated sin number anyway.

I am hoping that the information saying that I am in implied status and legal in Canada, that I saw, is correct tho lol (I got AIP/SA/DMs in July 31st 2018 and OWP sent in June 2018)

Hopefully the landing appointment comes soon !